ANN JOHNSON,
Plaintiff
v
.
Harnett County
No. 03 CVD 2360
HOME BUILDING CENTER,
Defendant.
Stewart Law Firm, by Christopher D. Munz, for plaintiff-
appellant.
Hayes, Williams, Turner & Daughtry, P.A., by Gerald W. Hayes,
Jr., for defendant-appellee.
MARTIN, Chief Judge.
Plaintiff brought this action on 10 November 2003 in the Small
Claims Division of Harnett County District Court. The small claims
court awarded judgment in favor of plaintiff and defendant appealed
to the district court. The matter was heard by the district court
sitting without a jury. The evidence at trial tended to show that
plaintiff entered into a drawing to win four gallons of paint at
defendant's store. After winning the drawing, plaintiff requested
four gallons of exterior paint but was told by the manager that she
had won four gallons of ceiling paint. Since the advertisement did
not specify or limit the prize to any particular type of paint,
plaintiff filed a claim against defendant for the value of theexterior paint, or in the alternative, for the paint itself.
The trial court entered judgment in favor of defendant on a
pre-printed form, dismissing the complaint and taxing costs to the
plaintiff. Plaintiff appeals.
The sole issue on appeal is whether the trial court erred by
entering judgment without making findings of fact and conclusions
of law in support of its judgment. [W]hen the trial court sits
without a jury, the standard of review on appeal is whether there
was competent evidence to support the trial court's findings of
fact and whether its conclusions of law were proper in light of
such facts. Shear v. Stevens Building Co., 107 N.C. App. 154,
160, 418 S.E.2d 841, 845 (1992). Our North Carolina Rules of Civil
Procedure provide that [i]n all actions tried upon the facts
without a jury or with an advisory jury, the court shall find the
facts specially and state separately its conclusions of law thereon
and direct the entry of the appropriate judgment. N.C. Gen. Stat.
§ 1A-1, Rule 52(a)(1) (2003). The purpose of the rule is to allow
a reviewing court to determine from the record whether the judgment
_ and the legal conclusions which underlie it _ represent[s] a
correct application of the law. Coble v. Coble, 300 N.C. 708,
712, 268 S.E.2d 185, 189 (1980).
Here, the trial court entered an order using a pre-printed
form used only for small claim appeals. The court did not check
the box which stated, [c]ourt after hearing evidence finds the
following facts, and no factual findings were entered in the
designated area. Instead, a box was checked which provided,[a]fter hearing evidence presented, the court finds the
Plaintiff/Defendant is not entitled to recover and the Complaint is
dismissed, with costs taxed to the Plaintiff/Defendant. (all
emphasis original). In each instance of that statement,
Plaintiff was circled.
The language of Rule 52 is mandatory; in nonjury actions, the
trial court shall find the facts specially and state separately its
conclusions of law. Pineda-Lopez v. N.C. Growers Ass'n, 151 N.C.
App. 587, 589, 566 S.E.2d 162, 164 (2002) (emphasis original). The
trial court's judgment fails to comply with Rule 52(a)(1).
Accordingly, we must vacate the judgment and remand this matter to
the trial court for the entry of a judgment in accordance with law.
Vacated and remanded.
Judges McCULLOUGH and ELMORE concur.
Report per Rule 30(e).
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